Following a tier III disciplinary hearing, petitioner was found guilty of assault on an inmate, possession of weapons, smuggling and gang activity as charged in a misbehavior report. That determination was affirmed upon administrative appeal and this CPLR article 78 proceeding ensued.
We annul. We agree with petitioner's contention, and respondent concedes, that the Hearing Officer erred in failing to ascertain why a requested inmate had refused to testify. Although...
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